UPSC CSE Prelims Exam 2022 MCQs Set 23

Q) Which of the following statements are correct regarding maternity benefits in India?

The maternity benefit is Fundamental Right under the Indian Constitution.
The provision of maternity benefit is clearly stated in Part IV of the Indian Constitution.
The first maternity benefit act in India was introduced before independence in the limited context.

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 2 and 3 only

(d) 1, 2 and 3

Ans. (b)

Explanation:

Answer specific

Statement 1 is wrong. Maternity benefit is a statuary right.
Statement 2 and 3 is right.
Article 42 in Part IV (DPSPs) of the Indian Constitution clearly states that the State shall make provision for securing just and humane conditions of work and for maternity relief.
India witnessed its first Maternity Benefits Act in the Province of Bombay back in 1929.

Q) With reference to the difference between the National Emergency and President’s Rule, which of the following statements is/are correct?

National Emergency affects the Fundamental Rights of the citizens whereas President’s Rule has no effect on the Fundamental Rights of the citizens.
Lok Sabha can pass a resolution for National Emergency revocation whereas President‘s Rule can be revoked by the President only on his own discretion.

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Ans. (c)

Explanation:

Answer specific

Both the statements are correct.

More on the topic

According to Article 358, when a proclamation of National Emergency is made, the six Fundamental Rights under Article 19 are automatically suspended whereas, article 359 authorizes the President to suspend the right to move any court for the enforcement of Fundamental Rights during a National Emergency.
On the other hand, President’s Rule has no effect on the Fundamental Rights of the citizens of a State. But the State can make any law or can take any executive action abridging or taking away the specified Fundamental Rights.
Lok Sabha can pass a resolution for National Emergency revocation by a simple majority. But a resolution for approving the continuation of National Emergency proclamation needs to be passed by the both Houses of Parliament by a special majority.
There is no such provision for revocation of a Presidents rule. It can be revoked by the President only on his own discretion.

Q) Sometimes, many states demand the ‘Special Category Status’ (SCS). In this context, which of the following parameters are necessary for the ‘Special Category Status’?

The sizable share of tribal population
High population density
Low resource base
Water crisis and Barren Land

Select the correct answer using the code given below:

(a) 3 and 4 only

(b) 1 and 2 only

(d) 2, 3 and 4 only

Ans. (c)

Explanation:

Answer specific

Point 2 is wrong as a state with low population density and not high population density is accorded a Special Category Status.
Point 4 is wrong as water crisis and barren land is not a parameter for Special Category Status.

More on the topic

Some of the parameters necessary for special status are:

hilly and difficult terrain;
low population density or sizeable share of tribal population;
Strategic location along borders with neighboring countries;
Economic and infrastructural backwardness; and
Non-viable nature of state finances.

The Special Category States have some distinct characteristics. They have international boundaries, hilly terrains and have distinctly different socio-economic developmental parameters. These states have also geographical disadvantages in their effort for infrastructural development.
The Centre pays 90 per cent of the funds required in a centrally-sponsored scheme to Special Category Status category states as against 60 per cent in case of normal category states, while the remaining funds are provided by the state governments.
The most important prescription for Special Category States is interest free loan with rationalization of public expenditure based on growth enhancing sectoral allocation of resources.

Q) Consider the following statements regarding the historical development of Indian Constitution:

The legislation, for the first time, was treated as a special function of the government in the Charter Act of 1833.
Local representation in the Indian Central Legislative Council was introduced, for the first time in the Charter Act of 1853.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(d) Neither 1 nor 2

Ans. (b)

Explanation:

Answer specific

Statement 1 is wrong as legislation, for the first time, was treated as a special function of the government in the Charter Act of 1853 & not Charter Act of 1833.
The Charter Act of 1853 separated, for the first time, the legislative and executive functions of the Governor-General’s council.
It provided for addition of six new members called legislative councilors to the council. In other words, it established a separate Governor-General’s legislative council which came to be known as the Indian (Central) Legislative Council.
This legislative wing of the council functioned as a mini-Parliament, adopting the same procedures as the British Parliament. Thus, legislation, for the first time, was treated as a special function of the government, requiring special machinery and special process.
Also, it introduced, for the first time, local representation in the Indian (Central) Legislative Council. Of the six new legislative members of the Governor-General’s council, four members were appointed by the local (provincial) governments of Madras, Bombay, Bengal and Agra.

Q) Which of the following statements is/are correct regarding Scheduled Castes/Tribes?

Prime Minister, after consultation with the Governor of the concerned state, notifies the list of the Scheduled Castes/Tribes.
Parliament is empowered to modify the list of Scheduled Castes/Tribes.
Currently, 84 seats are reserved for the Scheduled Tribes in the Lok Sabha.

Select the correct answer using the code given Abelow:

(a) 1 and 2 only

(b) 2 only

(d) 1, 2 and 3

Ans. (b)

Explanation:

Answer specific

Statement 1 is wrong as it is the President, who after consultation with the Governor of the concerned state, notifies the list of the Scheduled Castes/Tribes.
Statement 3 is wrong as the number of seats reserved in the Lok Sabha for Scheduled Tribes is 47 and Scheduled Castes is 84.
Constitution does not define as to who are the persons belonging to Scheduled Castes and Scheduled Tribes.
However, Articles 341 and 342, empowers the President of India to draw up a list of these castes and tribes.
Scheduled Castes and Scheduled Tribes are those castes or tribes which the President may specify by public notification.
If such a notification is related to a state, then also President will notify the same. However, it can be done after consultation with the Governor of the state.
Any inclusion or exclusion from the Presidential notification of any caste, race, or tribe can be done by Parliament by Law. Hence statement 2 is correct.

Q) With reference to the ‘State Information Commission’, which of the following statements is/are correct?

Its members are appointed by the President
Its members are not eligible for reappointment.
The President can remove the State Chief Information Commissioner on the advice of the Supreme Court.

Select the correct answer using the code given below:

(a) 1 only

(b) 2 only

(d) 1, 2 and 3

Ans. (b)

Explanation:

Answer specific

Statement 1 is wrong as its members are not appointed by the President on the recommendation of a committee headed by the Prime Minister. But they are appointed by the Governor on the recommendation of a committee consisting of the Chief Minister as Chairperson, the Leader of Opposition in the Legislative Assembly and a State Cabinet Minister nominated by the Chief Minister.
Statement 3 is wrong as it is not the President who removes the State Chief Information Commissioner on the advice of the Supreme Court. His removal is explained below in detail.
The Governor can remove the State Chief Information Commissioner or any State Information Commissioner from the office under the following circumstances:

(a) if he is adjudged an insolvent; or

(b) if he has been convicted of an offence which (in the opinion of the Governor) involves a moral turpitude; or

(d) if he is (in the opinion of the Governor) unfit to continue in office due to infirmity of mind or body; or

(e) if he has acquired such financial or other interest as is likely to affect prejudicially his official functions.

In addition to these, the Governor can also remove the State Chief Information Commissioner or any State Information Commissioner on the ground of proved misbehavior or incapacity. However, in these cases, the Governor has to refer the matter to the Supreme

Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, then the Governor can remove him.

The State Chief Information Commissioner and a State Information Commissioner hold office for a term of 5 years or until they attain the age of 65 years, whichever is earlier.
They are not eligible for reappointment. Hence statement 2 is correct.

Q) Which of the following statements is not correct about the Electoral Bonds?

(a) A party which has secured at least 1% votes polled in the most recent elections will be eligible to receive fund through electoral bonds.

(b) These bonds can be bought from any public sector bank.

(d) No interest will be given by the bank on these bonds.

Ans. (b)

Statement (b) is not correct about the Electoral Bonds as these bonds can be bought from selected branches of State Bank of India only and not from any public sector bank.
All other statements are correct.
The electoral bonds scheme was announced in Union Budget 2017 with an aim for increasing transparency in political funding. These bonds are bearer instrument in nature of promissory note and interest- free banking instrument.
It aims at rooting out current system of largely anonymous cash donations made to political parties which lead to generation of black money in the economy.
SBI has been allowed to issue and encash these bonds initially at its four authorized branches.
Only registered political parties, that have secured not less than 1% of votes polled in last election of Lok Sabha or legislative assembly of state, will be eligible to receive electoral bonds.
A citizen of India or a body incorporated in India will be eligible to purchase the bond. The purchaser is allowed to buy electoral bonds only on due fulfilment of all extant KYC norms and by making payment from a bank account. It will not carry the name of the payee.

Q) Consider the following Fundamental Rights:

Right to elementary education
Protection against arrest and detention in certain cases
Protection of language, script and culture of minorities
Freedom from payment of taxes for promotion of any religion

Which of the Fundamental rights given above are available to both citizens and foreigners?

(a) 2 and 3 only

(b) 1, 2 and 4 only

(d) 1, 2, 3 and 4

Ans. (b)

Explanation:

Statement 3 is wrong as the Fundamental Right of Protection of language, script and culture of minorities is available to only citizens and not to foreigners.
All other rights given are available to both citizens and foreigners.

More on the topic

FR available only to citizens and not to Foreigners

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
Equality of opportunity in matters of public employment (Article 16).
Protection of six rights regarding freedom of: speech and expression, assembly, association, movement, residence, and profession (Article 19).
Protection of language, script and culture of minorities (Article 29).
Right of minorities to establish and administer educational institutions cases ((Article 30).

FR available to both citizens and foreigners (except enemy aliens)

Equality before law and equal (Article 14).
Protection in respect of conviction for offences (Article 20).
Protection of life and personal liberty (Article 21).
Right to elementary education (Article 21A).
Protection against arrest and detention in certain cases (Article 22).
Prohibition of traffic in human beings and forced labour (Article 23).
Prohibition of employment of children in factories etc., (Article 24).
Freedom of conscience and free profession, practice and propagation of religion (Article 25).

Q) The Central Administrative Tribunal (CAT) exercises original jurisdiction in relation to recruitment and other matters of which of the following services?

Services of Officers of the Supreme Court
Civilian employees of defence services
State services
All-India services
Services of Secretarial staff of the Parliament

Select the correct answer using the code given below:

(a) 1 and 4 only

(b) 2 and 4 only

(d) 1, 2, 3, 4 and 5

Ans. (b)

Explanation:

Options -2,4relation to recruitment and all service matters of public servants covered by it. Its jurisdiction extends to the All-India Services, the Central Civil Services, civil posts under the Centre and civilian employees of defence services.
Options 1,3,5 are Incorrect: However, the members of the defence forces, officers and servants of the Supreme Court and the secretarial staff of the Parliament are not covered by it. State service employees are covered by state specific tribunals unless

the organisation is mentioned under the ambit of Central Administrative Act The CAT exercises original jurisdiction in loyee state corporations etc. Servants of Supreme court and staff of Parliament are governed by the service rules.

The CAT is a multi-member body consisting of a chairman and members.
The appointment of Members in CAT is made on the basis of recommendations of a high powered selection committee chaired by a Sitting Judge of Supreme Court who is nominated by the Chief Justice of India.
The CAT is not bound by the procedure laid down in the Civil Procedure Code of 1908. It is guided by the principles of natural justice.

Q) Which of the following statements is/are correct regarding ‘State Election Commission’?

It works under the supervision of the Election Commission of India.
It conducts elections of Panchayats, Municipalities and State Legislatures.
The State Election Commissioner can be removed by the Governor on the grounds of misconduct.

Select the correct answer using the code given below:

(a) 2 only

(b) 1 and 3 only

(d) None of the above

Ans. (d)

Explanation:

Option 1 is Incorrect: It must be noted here that the Election Commission is not concerned with the elections to panchayats and muncipalities in the states. For this, the Constitution of India provides for a separate State Election Commission which is a independent body.
Option 2 is Incorrect: Elections to state legislature is done by Election Commission of India not State Election Commission.
Option 3 is Incorrect: The conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule, determine; Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as
- a) judge of a High Court. A judge of a High Court can be removed from his office by the President on the recommendation of the Parliament. This means that a State Election Commissioner cannot be removed by the Governor, though appointed by him.